People v. Panetta

OPINION OF THE COURT

Steven W. Brockett, J.

The defendant moved pursuant to CPL 170.30 and 170.35 for an order dismissing an accusatory instrument charging criminal contempt in the second degree (Penal Law § 215.50 [3]). The criminal contempt charge was based on an alleged violation of an order of protection issued by the Town of Wallkill Court. The defendant asserted that the order of protection, issued pursuant to CPL 530.13, was invalid, requiring dismissal of the criminal contempt charge. The People opposed the defendant’s motion. In an oral decision, this court granted the defendant’s…